Many people who find themselves facing drug charges have already experienced difficult circumstances in the time leading up to the arrest, but prosecutors nonetheless ask the court to impose heavy penalties upon conviction.
Consider the case of a young father who has been diagnosed with cancer. The 23-year-old, who reportedly has three young children, was arrested in Greater Sudbury on July 12. The arrest came after police were investigating the man with regard to a separate matter. After locating him, police claimed to have seen marijuana in the man's possession.
A search ensued, and a small amount of marijuana, 46 Phenazepam tablets and $314 in cash were seized. The man was charged with marijuana possession and Phenazepam trafficking. At the time of his arrest, he was on probation, a condition of which was that he not use or possess illegal drugs. He was additionally charged with violating a probation order.
After pleading guilty to those charges, the man was sentenced to six months in jail. Having already spent time in custody, he was given credit for 50 days and will have to serve the remaining 130.
In court, the man asked for a lighter sentence, intimating that he was "just having a hard time right now." He said that he had been on methadone and was clean for some time.
The Crown and the man's defence lawyer jointly suggested the sentence that was issued by the court justice.
Individuals who have been accused of a drug crime have the right to tell their side of the story in court, as well as challenge the evidence presented by prosecutors. The stakes are high in these cases. If you have been charged with a drug offence, then a criminal defence lawyer can help you fight the charge and seek a favorable resolution.
Source: The Sudbury Star, "Sudbury drug dealer gets six months," Harold Carmichael, Aug. 16, 2014